Can you sue a school if your child was injured on school grounds or during a school activity? A school can be held liable when an employee’s carelessness, poor supervision or unsafe conditions cause a student to get hurt.
California schools owe students a heightened duty of care compared to the ordinary duty that is owed to adults.
The type of school in question may affect a negligence claim. For example, claims against public schools follow different rules than claims against private schools, including the California Tort Claims Act. A school negligence lawyer can help you navigate the rules that apply to different schools and different injury cases.
Call our attorneys at (800) 718-4658 for a free case evaluation to discuss your legal needs related to a potential school negligence case. We can evaluate your potential legal options and help you determine what steps to take if you should pursue a legal case.
Key Takeaways
- Public school claims require filing a government claim before a lawsuit, usually within six months of the injury.
- Private school claims follow standard personal injury timelines instead of the Tort Claims Act process for government entities.
- Compensation depends on the severity of the injury, medical documentation and whether negligence can be proven.
- An attorney can help identify whether the school district, an employee or a third party bears responsibility.
Table of Contents
- What Counts as School Negligence in California?
- When Can a Family Bring a School Injury Claim?
- Determining Liability for a School Injury
- Common Causes of School Negligence Cases
- How the California Tort Claims Act Affects Your Case
- What Compensation Is Available in a School Negligence Claim?
- How Long Do You Have to File a School Negligence Claim?
- Getting Help With a California School Injury
- FAQs
What Counts as School Negligence in California?
School negligence happens when a school or its staff fails to use reasonable care and a student is injured as a result. There are four elements of negligence to be considered: duty, breach, causation and damages.
California has an elevated duty of care standard for schools that supervise minors through California Education Code § 44807. Schools and their employees are expected to supervise minors with a great deal of care due to their vulnerability.
It is important to note that, in the eyes of the law, an unavoidable accident where no one breached a duty of care is not an act of negligence. An attorney can help you determine if the facts of your case may qualify for a negligence lawsuit.
When Can a Family Bring a School Injury Claim?
A student or family qualifies to file for a school injury claim when the school’s negligence caused the injury. Circumstances that typically support a claim include the following:
- A staff member failed to provide reasonable supervision during a foreseeable risk, such as recess or a lab experiment.
- The school knew about a hazard, such as broken equipment, and failed to act.
- An employee’s misconduct or negligent hiring directly led to the injury.
- A third party contractor, such as a transportation provider or maintenance company, caused harm on campus or during a school event.
- The injury happened during a school sponsored activity, including field trips and off campus events.
Determining Liability for a School Injury
There may be multiple parties held liable in a school injury lawsuit depending on the facts of the case. Examples of defendants may include:
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- The school district.
- An individual teacher, coach or staff member.
- A private school or its governing organization.
- A third party contractor, such as a bus company or equipment maintenance vendor.
- Manufacturers or contractors responsible for defective playground equipment.
Public entity immunity rules differ from private school liability. California public entities are generally subject to statutory immunity and limitations on liability. Private schools are typically governed by ordinary tort principles for private defendants.
An attorney can help determine whether your case should focus on pursuing a claim against a school district or another party based on the available evidence.
Common Causes of School Negligence Cases
School negligence cases may take on many different forms based on what caused the injuries. Here are some common examples of causes that may lead to an injury lawsuit:
- Inadequate supervision during recess, gym or field trips.
- Unsafe or poorly maintained playground equipment.
- Contact sport and gym class injuries.
- Negligent hiring or retention of staff with known misconduct history.
- Lab, shop class or science experiment accidents caused by inadequate instruction.
- Negligence connected to school transportation.
How the California Tort Claims Act Affects Your Case
Claims against a public school district must start with a government claim before a lawsuit can be filed. Under the California Tort Claims Act, an injury victim has six months from the date of their injury to file a lawsuit against a government entity.
Private schools have different timelines and regulations under California law. Personal injury claims against private schools are typically handled as civil lawsuits with a two-year filing deadline.
Because claims involving schools are often subject to strict filing deadlines, it is important to investigate the circumstances of your child’s accident as soon as possible. Missing the claim deadline can bar a case entirely, unless a late claim petition applies. Speak to a personal injury attorney about your legal options and deadlines that may apply to your case.
What Compensation Is Available in a School Negligence Claim?
The value of any compensation for your child’s injuries will depend on the severity of the injuries, documentation of the case and the overall strength of the negligence claim. Settlement amounts could range from $10,000 for minor injuries to multi-million dollar damages for wrongful death or permanent disability. Standard types of damages often include:
- Medical Costs
- Pain and Suffering
- Loss of Future Earnings
- Cost of Living with a Disability
- Wrongful Death Compensation
The amount you receive will vary based on the facts of your case. Speaking to a school negligence lawyer can help you determine your possible legal options.
Getting Help With a California School Injury Claim
If your child has been injured due to employee carelessness, poor supervision on school grounds or unsafe conditions at school, a school injury lawyer can help you navigate the legal process involved when considering a legal claim, whether the school in question is a public or a private institution.
Contact us or call (800) 718-4658 to discuss your potential legal options after a student injury in California. Our dedicated team of experienced lawyers can help you navigate California law and review possible legal strategies to pursue.
FAQs
Who Is Responsible if My Child Is Injured at School?
The school district, a school employee or a third party such as a contractor may be at fault. Liability is determined based on the facts of the case, which are often supported by police reports, medical records and other documentation.
How Long Do I Have to File a Claim Against a School District?
There is a six month deadline to file a claim against a California school district under the California Tort Claims Act, starting on the day of the potentially negligent act in question. Missing this deadline could mean missing compensation for injuries or other damages caused by a negligent act.
Some specific claims may be eligible for a late claim petition. A school injury attorney can help you determine what legal options and deadlines may apply to you based on the facts of your case.
What if My Child Was Injured on School Playground Equipment?
If your child was injured on school playground equipment, you may have a legal claim depending on how the accident occurred. A school district may be liable if it failed to keep the playground reasonably safe. The manufacturer may be responsible if a design, manufacturing or warning defect in the equipment contributed to the injury.
A contractor who installed or improperly maintained faulty equipment may also be at fault. Maintenance logs, inspection records and reports of prior hazards can be important evidence in determining whether proper safety procedures were followed.
